Situation of human rights in South Africa
Commission on Human Rights resolution 1993/9
The Commission on Human Rights,
Recalling its resolutions 1989/5 of 23 February 1989, 1990/26 of 27 February 1990, 1991/21 of 1 March 1991 and 1992/19 of 28 February 1992,
Reaffirming the Declaration on Apartheid and its Destructive Consequences in Southern Africa, adopted by the General Assembly in its resolution S-16/1 of 14 December 1989, and the need for the full implementation of its provisions,
Recalling the report of the Special Committee against Apartheid (A/46/22), the second report of the Secretary-General on progress made in the implementation of the Declaration (A/45/1052), as well as the reports of the Secretary-General on the coordinated approach by the United Nations system on the questions relating to South Africa (A/46/648) and on the concerted and effective measures aimed at eradicating apartheid (A/46/499),
Having examined the final report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/14/1993/14),
Recognizing the responsibility of the United Nations and the international community to help the people of South Africa in their legitimate struggle for the total elimination of apartheid through peaceful means,
Noting that while positive measures have been taken by the Government of South Africa, including the repeal of some major apartheid laws and the revision of the security legislation, important obstacles to the achievement of a climate conducive to the exercise of free political activity still remain,
Noting also that, while positive steps have been taken by the Government of South Africa towards changing the racial education system, many obstacles still persist,
Gravely concerned that persistent violence threatens to undermine the process of peaceful change through negotiations to a united, non-racial and democratic South Africa,
Stressing the need to strengthen and reinforce the mechanisms set up in South Africa under the National Peace Accord, and emphasizing the need for all parties to cooperate in combating violence and to exercise restraint,
Welcoming the enhanced attention given by the international community to the question of violence in South Africa and especially the deployment of observers from the United Nations, the Organization of African Unity, the Commonwealth and the European Community in South Africa to further the purposes of the National Peace Accord,
Deeply concerned at the revelations of illegal covert activities carried out by military intelligence with a view to undermining a major party to the political process of peaceful change in South Africa,
Noting with satisfaction the progress made in the implementation of the agreement concluded between the Office of the United Nations High Commissioner for Refugees and the South African authorities to enable the voluntary repatriation of refugees and exiles,
Noting with concern that the so-called "homelands" still remain outside the legal, political and administrative framework of South Africa,
Concerned that, notwithstanding the amendment of the Internal Security Act, detention without charge remains possible in law,
Concerned also at reports containing evidence that children are still subjected to arbitrary detention and inhuman treatment in South Africa,
Gravely disturbed at the socio-economic inequalities in South Africa and at the accumulated negative impact of apartheid on the social, economic and cultural rights of the majority of the people of South Africa,
Welcoming the negotiations between the Government of South Africa and all parties concerned aimed at working out modalities for a non-racial, democratic constitution,
1.Takes note of the report of the Ad Hoc Working Group of Experts on southern Africa, and commends the Working Group for the excellent manner in which it has prepared its report;
2.Reaffirms its support for the legitimate struggle of the South African people for the total eradication of apartheid through peaceful means and their right to establish a non-racial, democratic system which is consistent with the International Bill of Human Rights;
3.Also reaffirms the international consensus to oppose apartheid, support the peaceful struggle to eradicate apartheid and facilitate the creation of a non-racial, democratic South Africa;
4.Calls upon the South African authorities to exercise effectively their responsibility to maintain law and order, to stop the violence, to prosecute its perpetrators and to protect all citizens, irrespective of their political affiliation;
5.Also calls upon all parties to refrain from further acts of violence;
6.Strongly urges the Government of South Africa to implement fully the recommendations of the Commission of Enquiry into Public Violence and Intimidation (the Goldstone Commission) and to cooperate with that Commission with a view to carrying out further investigations into the functioning and operation of the security forces and other existing armed units;
7.Commends the Secretary-General for the measures taken to address areas of concern noted in his report (S/24389) and particularly to assist in strengthening the structure set up under the National Peace Accord, including the deployment of United Nations observers in South Africa, and urges him to continue to address all the areas of concern noted in his report which fall within the purview of the United Nations;
8.Welcomes the deployment in South Africa of observers of the Organization of African Unity, the Commonwealth and the European Community;
9.Calls upon the Government of South Africa to release all remaining political prisoners, including those on death row, in accordance with the terms of the Declaration on Apartheid and its Destructive Consequences in Southern Africa and other relevant agreements for its implementation;
10.Urges the Government of South Africa to allow the safe return of all political exiles and refugees without restriction;
11.Appeals to the international community to assist the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations in the repatriation and reintegration of South African refugees and exiles in safety and with dignity;
12.Also appeals to the international community to assist and enhance the role of humanitarian and human rights groups in extending assistance to victims of apartheid and in monitoring the situation of human rights in South Africa;
13.Congratulates all anti-apartheid groups and individuals inside and outside South Africa for their commitment and positive contributions to the efforts to dismantle apartheid;
14.Reiterates the call to the Government of South Africa to expedite legal and administrative measures to abolish the system of "homelands" and reincorporate them into South Africa;
15.Urges the Government of South Africa, in consultation with all parties to the negotiations, to address seriously and urgently the problem of landlessness and the gross inequalities in land ownership in order to create an atmosphere of lasting stability in South Africa;
16.Urges once again the South African authorities to repeal the remaining discriminatory apartheid laws, introduce the necessary legal and administrative measures to correct entrenched socio-economic inequalities and implement and enforce without delay that legislation in the areas of education, health, housing and social welfare;
17.Further urges the South African authorities to advance the dismantling of apartheid by considering accession to the International Covenants on Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination;
18.Reiterates its deep concern at reported cases of arbitrary detention and inhuman treatment of detained children in South Africa;
19.Demands that the South African authorities fully respect section 29 of the Prisons Act, prevent the inhuman treatment of children in South Africa and ensure their basic and legitimate freedoms of movement, association and education;
20.Calls for the replacement of the present racial education system with a non-racial education system;
21.Calls upon the international community to assist the non-racial sports bodies, which have been endorsed by representative anti-apartheid sports organizations in South Africa, in redressing the continuing structural inequalities in sports;
22.Urges all the parties to resume, without delay, broad-based negotiations on transitional arrangements and basic principles for a process of reaching agreement on a new democratic and non-racial constitution and for its speedy entry into force;
23.Calls upon the international community to support the fragile and critical process of transition under way in South Africa through the phased application of appropriate measures, to be applied as warranted in response to positive developments such as agreement by the parties on transitional arrangements and agreement on a new, non-racial and democratic constitution;
24.Reiterates the call to all Governments to observe fully the mandatory arms embargo and the request to the Security Council to continue to monitor effectively the implementation of the embargo, as decided in Security Council resolutions 418 (1977) of 4 November 1977, 558 (1984) of 13 December 1984 and 591 (1986) of 28 November 1986;
25.Calls upon the international community to support the peace process in Mozambique and Angola, as well as to mobilize additional resources in order to assist the front-line States and other neighbouring States in the reconstruction of their socio-economic infrastructure and the rehabilitation of the victims of internal and external displacements after years of destabilization;
26.Calls upon the Centre for Human Rights to respond at the appropriate time, as guided by the Secretary-General, to the needs of the changing situation in South Africa during the period of transition, in accordance with General Assembly resolution 47/116 A of 18 December 1992;
27.Decides to renew for a further period of two years the mandate of the Ad Hoc Working Group of Experts on southern Africa, composed of the following experts acting in their personal capacity: Mr. Leliel Mikuin Balanda (Zaire), Mr. Armando Entralgo (Cuba), Mr. Felix Ermacora (Austria), Mr. Elly Elikunda E. Mtango (United Republic of Tanzania), Mr. Zoran Pajic (Bosnia and Herzegovina) and Mr. Mulka Govinda Reddy (India);
28.Requests the Ad Hoc Working Group of Experts to continue, in cooperation with the Special Committee against Apartheid and other investigatory and monitoring bodies, to examine the situation regarding the violations of human rights in South Africa including, in particular, reports of torture, ill-treatment and deaths of detainees, as well as infringements of trade-union rights;
29.Also requests the Ad Hoc Working Group of Experts to submit its interim report to the Commission at its fiftieth session and its final report at its fifty-first session;
30.Further requests the Ad Hoc Working Group of Experts to submit a brief preliminary report to the General Assembly at its forty-eighth and forty-ninth sessions;
31.Renews its request to the Government of South Africa to allow the Ad Hoc Working Group of Experts to visit South Africa to gather information from individuals and organizations in order to ascertain the situation of human rights in South Africa, in such a manner that:
(a)The Ad Hoc Working Group of Experts would be guaranteed free and confidential access to any individual, organization, prisoner or ex-prisoner, detainee or ex-detainee;
(b)The Government of South Africa would provide a firm undertaking that any person or organization providing evidence would be granted immunity from any State action as a result thereof.
42nd meeting
26 February 1993
[Adopted without a vote. ]
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